Court Strikes Out Gov. Alia’s Executive Order on Public Gatherings

A Benue State High Court sitting in Makurdi has nullified the Executive Order issued by Governor Hyacinth Alia regulating public gatherings in the state, declaring it unconstitutional and a violation of citizens’ fundamental rights.

In a judgment delivered on Monday, Justice Theresa Igoche held that the Executive Order, signed on February 28, 2024, lacked legal foundation and could not stand the test of constitutional scrutiny.

The order had required individuals and groups intending to hold rallies, wakes, or other public gatherings beyond 10:00 p.m. to first seek and obtain a permit from the Department of Public Order at the Benue State Ministry of Justice and Public Order.

The suit, marked MHC/234/2024, was instituted by Chief Bemgba Iortyom, immediate past State Publicity Secretary of the Peoples Democratic Party (PDP) in Benue State, and Mr. Adebayo Ogorry, Executive Director of the Centre for Social Justice, Equity and Transparency (CESJET), against the Benue State Government and other defendants.

The plaintiffs had approached the court in June 2024, challenging the legality of the Executive Order on the grounds that it imposed unlawful restrictions on rallies, wakes, and other public gatherings across the state.

They argued that the order violated Sections 40, 41, and 45(1) of the 1999 Constitution (as amended), as well as provisions of the African Charter on Human and Peoples’ Rights, which guarantee freedoms of association, movement, and peaceful assembly.

According to the plaintiffs, even before the suit was filed, the Executive Order had allegedly been used to arbitrarily seal business premises, arrest citizens on what they described as trumped-up charges, and disrupt public gatherings, including religious worship services. They further contended that those affected were largely individuals and groups perceived to be critical of the state government, raising concerns over abuse of executive power.

In her ruling, Justice Igoche dismissed the preliminary objections filed by the Benue State Government and the Attorney-General of the state, describing them as baseless and founded on mere procedural technicalities.

The court held that the Public Order Act, upon which the Executive Order was premised, had previously been set aside by the Supreme Court, rendering the governor’s directive legally unsustainable and without lawful justification.

Consequently, the judge granted all the reliefs sought by the plaintiffs and issued a perpetual injunction restraining the Benue State Government, its agents, and privies from enforcing the Executive Order.

The judgment is expected to have significant implications for the regulation of public assemblies and the exercise of executive powers in Benue State.